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^N JVDDRESS y /if 

69 



PEOPLE AND CONGRESS 



. 

OF T(I£ 



^' 






LOUISVILLE, KENTUCKY: 

PItlNTED AT THE OFFICE OF TIIF DEMOCRAT 



TO THE 

PEOPLE AND CONGRESS 

OF THE 

UNITED STATES. 



In response to numerous inquiries addressed to ua from every quarter, 
we ask leave to submit to the people of the United States the following 
paper, in explanation of ihe canvass which preceded the recent election in 
Kentucky, and of the causes which led to its most unexpected result — unex- 
pected not 30 much by ourselves who had from sad experience already 
learned the extreme and desperate character of the measures that would 
be resorted to by the Administration party to suppress the voice of our 
people, as by those of you who, living in less troubled regions, had not 
realized the extent to which a determination to retain power would lead its 
possessors. 

In the last days of August, 1862, the Hon. Beriah Magoffin resigned his 
office as Governor of the State of Kentucky. From causes into which it is 
not necessary now to enter, he had incurred the suspicion of a great ma- 
jority of the Union party, and through the Legislature, they had succeeded 
in divesting him of all real power in the Government. The Executive con- 
trol of the State had rapidly fallen into the hands of the military officers 
of the United States, and for months the people had been subject to martial 
law in all its oppressiveness, without its declaration in form. Under these 
circumstances, and for the purpose of relieving the people, and especially 
that portion of them known as '-Southern Rights Men," who had been the 
peculiar objects of persecution, Mr. Magoffin in a published letter declared 
his willingness to resign whenever he could be assured of the selection of 
a successor of conservative views, who, commanding the confidence at the 
same time of the Administration at Washington and of the people of Ken- 
tucky, would be able and willing to secure every peaceful citizen in the 
exercise of the rights guaranteed to him by the Constitution and laws. The 
Honorable James F. Robinson, then a member of the Senate, was indicated 
to him, and he consented to resign in his favor. The then Speaker of the 
Senate resigned, and Mr. Robinson having been elected in his stead, be- 
came by virtue of his office the acting Governor of the State upon the resig- 
nation of Mr. Magoffin. The new Governor was, from the beginning, fully 
informed of the character and purpose of the negotiation which paved the 



4 ADDRESS. 

way to his succession, and he entered upon the discharge df his duties with 
the Vjesl wishes of the great mass of our people. 

These events gave rise to (he most pleasing anticipations, wliich were 
strengthened by the first acts of ilie new regime. Early in September the 
State was invaded by Confederate troops, who held possession for six weeks 
of the greater portion of its territory. The people, content with, and hope- 
ful of the new order of things, gave them little encouragement and but few 
recruits, so that by the first of November they were driven from our borders 
IJiit contrary to all our hopes, winter brought with it a renewal of milifar}- 
government ; orders issuing from military officers of every grade imposed 
daily more stringent regulations upon our commerce with other loyal 
Stiites; wider signification was given to the term "disloyal,' by which the 
victims were marked out for oppression; arrests without warrant and im- 
prisonment without trial became once more the established system of jus 
tice; the property of suspected persons was again seized and appropriated 
to the use of the army without compensation; the civil power was of course 
to be not more efleciive in the hands of .Mr. Robinson than in those of his 
predecessor, and spring found the rigltis of person .md property even more 
insecure than in the darkest hours of the previous year. 

The Legislature, composed mainly of the personal and political friends 
of Governor Robinson, during their session in the winter, had passed reso- 
lutions of a strongly conservative character, in which they deilnred, among 
other things: 

1st. That our institutions are assailed by an armed rel)ellion on one side, 
which can onl}' he met by the sword, and on the other by unconstitutional 
acts of Congrexx and stdrliing usurpations of power b^- the Executive, which 
we have seen by experience can be corrected by the ballot box. 

2. That Iventucky is and ever has been loyal to the Government of the 
United States. 

3. That we recognize a mmilest dilierence between any administration of 
the Government and the Government itself. 

4. Solemnly protests against the om:incip.ation proclamation as unwise, 
unconstituiional and void. 

5. That the power recently assumed by the Preside.nt, whereby, under 
the guise of military necessity, lie has proclaimed and extended martial 
law over States Avhere war doet not exist ami has suspended the writ of 
habeas corpus is unwarranted by the Constitution, !\nd its tendency is to 
subordinate civil to military anthoriiy, and to subvert constiluTional and 
free government. 

tS. Tiuit Kentucky will adhere to the Constitution ;iu 1 the Union as (he 
best, and it may be the last, hope of popular freedom . 

•.». Hails with manifest pleasure the recent manifestation of conserv-itive 
sentiment amoung the people of the non-slaveliolding States. 

10. Recommends the call of a National Convention to propose amend- 
ments to the (^institution. 

11. Declares that the laws of this State must lie maintained and enforced, 
and that it is the duty of the constituted authorities of the State to see to 



it that by all constitutional means this indispensable end shall be attained. 

These resolutions were signed and approved by the Governor. 

In Februar3' the Central Committee of the Democratic party, appointed 
some years since under its old organization, issued a call for a convention 
to meet in Frankfort, to nominate candidates for the various offices to be 
tilled at the August election. With this call we had no connection, and we 
neither attended the meeting nor approved of its expected action. Upon 
its assemblage, and before an}' business had been transacted, the meeting 
was dispersed by Col. Gilbert, then commanding a regiment of United 
Slates troops at Frankfort. 

The Convention of the so-called "Union Democratic" party met in Louis- 
ville on the 18th of March. One of their first acts was to refuse a hearing 
to a Northern Democrat — the Hon. Mr. Cravens, of Indiana — a member of 
that great party whose manifestations of conservative sentiment had so 
recently been hailed with pleasure by the Legislature. They readopted as 
part of their platform all the resolutions passed b}' the Legislature, and 
nominated as their candidate the Hon. J. F. Bell. After long hesitation, 
Mr. Boll declined the candidacj', and the Central Committee of his party 
substituted in his stead Mr. Bramlctte, who had been the frequent recipient 
of office from the Administration, and had been generally regarded as a 
supporter of its policy. 

Under these circumstances, and early in the month of June, a letter was 
written by one of us residing in the interior of the State to another re- 
siding in Louisville, in which it was suggested that a meeting of conserva- 
tive Union men should be called, for the purpose of consultation as to the 
proper course to be pursued by them. 

Before our meeting was held, Mr. Bramlette had already taken the stump 
and though the newspapers of his party exercised a prudent caution in 
refraining from publishing a report or even a notice of his speeches, we were 
not without information of their character. The platform of that party to 
which he owed his nomination denounced as startling usurpations of power 
the nuspension of the writ of habeas corpus and the extension of martial 
law over States where war did not exist. We learned that on the contrary, 
Mr. Bramlette maintained in argument the rightfulness of these measures. 
The platform denounced the emancipation proclamation as unwise, uncon- 
stitutional and void. Mr. Bramlette contended that it was valid as a war 
measure, though he rrgarded it as impolitic. The platform hailed with 
pleasure the recent mauifestations of conservative sentiment at the North, 
while Mr. Bramlette denounced those whom he derisively termed Constitu- 
tional Union men quite ivs violently as the Secessionists, and finally, he 
threatened with the tendei- mercies of the provost marshal all such malig- 
nants as should perversely recuse to vote for him, even though he was 
without a competitor. 

Under these circumstances, it will surprise no one that on meeting we 
found ourselves agreed in approving, with some exceptions, the resolutions 
of the "Union Demociutic" Convention, but equally agreed in distrusting 
the sincerity of the men by whom the resolutions had been adopted, and 



g AbBftEa 

particularly of the candidate hy whom, if at all, tHey Wer6 lo be enforced. 
We therefore determined to present a ticket in opposition, and agreeing 
without difiicnliy upon the principles by which our candidate should be 
guided, we addressed to the Hon. Charles A. Wickliffe the letter which will 
be found in our appendix, marked No. 1. That letter fully explains our 
purpose and our policy. Whether they were "disloyal' in any sense of 
that much-abused term, we leave to every candid reader to determine for 
himself. 

Mr. Wickliffe, in a published letter expressed his hearty concurrence in 
our views. He accepted with reluctance the position we had assigned him, 
and we proceeded to place a full ticket in the field. Few did more than 
Mr. Wickliffe to maintain the fidelity of Kentucky to the Constitution and 
Government of the United States, and he has not changed his principles or 
policy. 

We were at once assailed by the Administration press with every species 
of misrepresentation and abuse. Not daring to assail any position taken 
in our letter to Mr. Wickliffe (which they refused to publish), they adopted 
the safer course of attributing to us purposes which they knew we did not 
entertain. Though it was perfectly well known to them that we, the sign- 
ers of that paper, had been active and consistent members of the Union 
party, when such a position was accompanied with some danger and no 
prospect of advantage, we were denounced as Secessionists in disguise, at a 
time when secession, partly through our own efforts, had become a dead 
issue in Kentucky. We had but a single newspaper in the State to advocate 
our cause. We could not attempt an active canvass of the State, for we 
were well aware that such a canvass would expose to the Administration 
party its perilous position, and thus precipitate that military interference 
in the election which we were most anxious to avoid. In this manner and 
from these causes many persons in the State — many more abroad — were led 
into a misapprehension of our purposes, and made to believe that secession 
was our real aim. Knowing our strength, however, we were content to 
lose a few of our friends for the time, in the hope of securing a free elec- 
tion, which would give us the means of recovering them by a development 
of our true policy. 

(It Is very frankly admitted that we hoped and expected to obtain the 
support of the great mass of the Southern Rights men of the State. They 
were for the most part Democrats of long standing. Though classed by the 
adherents of the Administration as " disloyal," the great majority of them 
were not Secessionists, and were entirely free from all complicity in 
the rebellion. So far from esteeming it a fault of which we should be 
ashamed, we regarded the effort to conciliate them, if it could be done with- 
out a sacrifice of principle on either side, as highly meritorious; and we 
now gratefully acknowledge the cordial support which that portion of our 
fellow-citizens were ready and anxious to yield to our platform and candi- 
date whenever permitted to do so. Would to God that all the citizens of 



our once happy country could be brought to agree and be satisfied. If the 
wildest Seceesionist in South Carolina could be induced to give his support 
to the principles enunciated in our letter to Mr. Wicklifl'e, who would not 
regard the occurrence as one worthy of general rejoicing?) 

In a short time it became evident that misrepresentation alone was not 
sufficient to secure our defeat, and Messrs. Wolfe and Trimble, our candi- 
dates for Congress in the First and Fifth Districts, and Mr. Martin, candi- 
date for the Legislature in Lyon and Livingston counties, were arrested by 
Provost Marshals. The first named gentleman was speedily released on 
parole, and the two last were carried to Henderson, a considerable distance 
from their homes, and there detained until the election was over. 

On the 10th day of July, Gov. Ilobinson issued the proclamation which 
will be found in the Appendix, marked No. 2. It had never before occurred 
to a Governor of Kentucky that it was necessary to remind the judges of 
election by proclamation of the duties enjoined upon them by the laws of 
the State. They had always been presumed to know their duty, and been 
left free to discharge it without executive interference. The expatriation 
act to which he called their attention had been printed with the other acts 
of the Legislature and circulated by public authority in every county of the 
State. It had been published in every newspaper, and the provisions of no 
law were more widely known to our people. Why it should have been 
thought proper to depart from the established custom in this instance, or 
why, when such departure was determined upon as now necessary for the 
first time, the proclamation should have failed to embody for the informa- 
tion and guidance of the judges those other laws which forbid any inter- 
ference with the freedom of elections, and denounce severe penalties upon 
any judge who should refuse to receive the vote of a legally qualified elec- 
tor, are questions which we leave the reader at liberty to decide for himself, 
after learning all the facts attending and following the issue of the paper. 

On the Slst day of July, General Burnside issued his proclamation (Ap- 
pendix, No. 2) placing the State under martial law, for the purpose, as he 
declared, " of preserving the purity of elections as defined in the late proc- 
lamation of his Excellency, the Governor of Kentucky."' The reason 
assigned by Gen. Burnside for the issuance of his proclamation that "the 
State of Kentucky is invaded by a rebel force with the avowed purpose " of 
controlliug the elections, was a mere pretext, without real foundation, 
though we have reason to believe that such information was conveyed to 
the General by citizens of this State, acting on behalf of the Administra- 
tion party. The "invaders" to whom he referred were a flying body of 
cavalry less than one thousand in number, known to be in rapid retreat 
at the time the proclamation was issued, and were all actually out of the 
State before the election began. 

Upon the most careful inquiry we have been unable to ascertain that they 
avowed any such purpose as was attributed to them, nor do wc believe that 
they did so. But the avowal of such an intention by such a body of men, 



even had it been made, would have been an idle and ridiculous boast to 
which it is impossible General Burnside could have attached any import- 
ance. That one thousand marauders should seriously contemplate a con- 
trol of the election in a State containing one hundred and ten counties, 
inhabited by one hundred and eighty thousand voters, and pro/cctcd hy more 
than fifty thousand soldiers of the United States, i.s an absurdity so glaring 
that Gen. Burnside must pardon us for believing that it could not have 
gulled even him! 

In quick succession preceding or following the declaration of martial 
law, came the different orders in the appendix numbered from four to 
twelve. Many others of similar character were issued, but these are a fair 
sample of the whol«. These orders, differing in their details, may be briefly 
summed up as presenting the following points: 

1. By way of precaution the people are informed that whenever any 
property is needed for the use of the United Slates Army, it will be taken 
from rebel syinpathizers, and receipts given for the same, marked "disloyp.I, ' 
and to be paid at the end of th« war, on proof that the holder is a loyal 
man. 

2. Rebel sympathizers are defined to be not only those who arc in favor 
of secession, but also those who are not in favor of a vigorous prosecution 
of the war and of furnishing men and money unconditionally for that, pur- 
pose. "Loyalty" is to be proved by the vote given at the election. 

3. County .Judges are required to appoint none but "loyal" men as 
judges of election, notwithstanding the provisions of our law, which re- 
quires the officers of election to be taken equally from each political 
party. 

4. Persons offering to vote, whose votes may be rejected by the judges, 
are notified that they will be immediately arrested by the military. 

5. The judges of election are notified that they will be arrested and held 
responsible by the military, should they permit any disloyal men to vote. 

tj. The Democratic ticket is struck from the poll books at many points, as 
being composed of disloyal men. 

7. Oaths unknown to the Constitution and laws arc required to be taken 
by voters and judges. 

A careful perusal of the orders themselves will show that they have not 
been misrepresented in this summary. Examine carefully, fellow-citizens- 
we beseech you, the picture which they present. The Governor of Ken- 
tucky caUs the attention of the judges to a single one of many laws which 
define their duty, and that one a law whose rigid enforcement was supposed 
to be beneficial to his own political party and injurio\is only to his opponents. 
General Burnside enforces the proclamation for the purpose of preserving 
the purity of elections, and (while himself threatening the judges of elec- 
tion should they permit a disloyal vote to be cast) directs that the soldier 
shall interfere no further than may be necessary to enable the judges to dis- 
charge their duties under the laws of Kentucky. His subonlinatcs threaten 



the judges and voters with confiscation, arrest and imprisonment, and actu- 
ally publish their orders and carry out their threats without punishment 
from the General or remonstrance from the Governor. 

In addition to all this there was at work beneath the surface a potent ma- 
chinery, whose labors could be traced only by results, for the work was done 
in darkness and in secret. 

In every city, town and considerable village io the Commonwealth, there 
had long been organized, under the authoi-ity of the Secretary of the Treas- 
ui'y, a body of men known as a "Board of Trade," an innocent title, little 
expressive of their true functions. Under the same regulations of the 
Secretary no shipments of goods to the interior of the State could be made 
without the permit of the United States Customhouse officers at Cincinnati 
or Louisville. In order to obtain such a permit the individual applying 
must have procured the recommendation of the " Board of Trade " located 
nearest to his place of business, and that recommendation was given to none 
but " lojal ' men, each Board establishing its own test of "loyalty." Without 
such recommendation no merchant could hope to add to his stock by importa- 
tion — no mechanic to replenish the materials necessary in his calling. These 
inquisitorial bodies, therefore, held in their hands the absolute fate of every 
tradesman and mechanic in the State. The prosperous merchant and needy 
shop-keeper were alike at their mercy. The tradesman and mechanic were 
thus left to choose between a vote for Mr. Bramlette and the utter ruin of their 
business. 

Such, fellow-citizens, were the circumstances under which the election of 
August od was begun. Its result was no longer doubtful. Had General 
Burusidc designated by name the individuals who should fill the various 
offices of the State, he would have saved us the expense and ti'ouble of an 
" election " — the rights of the people would not have been more flagrantly 
violated, nor would the oilicials thus appointed have been any more the 
creatures of his will than are those whom he has more indirectly imposed 
upon us. 

The limits to which we are confined forbid any attempt at a detailed ac- 
count of the manner in which the "election" was conducted. The mili- 
tari' orders before referred to were carried out with rare fidelity by those to 
whom their execution was entrusted. A few officers (to their lasting praise 
be it spoken) openlj' expressed the shame they felt at their connection with 
such a task. Armed soldiers were stationed at every considerable poll. The 
judges of election were, contrary to law, taken exclusively from the ranks 
of our opponents. Many weak men, apprehensive of injury to person and 
property, cast their votes for Mr. Bramlette in violation of their convictions. 
The votes of many more, when offered for our candi/latcs, were illegaly 
rejectef'. Thousands of others were deterred from an attempt (o vote, by the 
knowledge that illegal tests would be applied to them, their votes refused, 
and themselves probably arrested. The names of our candidates were il- 
legaly stricken from the poll-books at many precincts, and never placed 
upon them at others. Judges were arrested for refusing to conduct the 



10 ADDRESS. 

election in a manner forbidden by the la^ws of Kentucky and their own oath, 
and voters were imprisoned for the high crime of confessing themseWes 
Democratt. 

These are sweeping charges, but they can readily be substantiated. That 
we may not be supposed to avoid specification, we publish in the appendix 
(marked No. 16) a statement showing the outrages perpetrated at different 
points in more than twenty counties. Our materials are ample to swell the 
list almost indefinitely, but these will be sufficient to indicate the general 
character of the whole. The facts stated are, some of them, within our per- 
sonal knowledge — the remainder have been communicated to us by gentle- 
men in whose veracity we have entire confidence, and whose names arc in 
our possession. We particularly invite your attention to the rcpoi't of Major 
Gibson, the certificates of Captain Lecson and Sergeant Brown, and the pro- 
test of the Hon. Charles A. WicklifFe, official documents whose correctness 
even our opponents will not question. They are nuniberc<l .% I^j, 14 and 
15 in the appendix. 

In connection with these statements, and as fully supporting them, we 
publish in the appendix (marked No. 17) a table showing the offioial vote 
cast for each candidate for Governor, and in parallel columns the total vote 
cast, and the number of white males over twenty-one years of age in each 
county. It will be perceived that the whole number of votes cast was 
84,930, of which Mr. Bramlctte received 67,586, while the number of per- 
sons entitled to vote was 182,246. The votes of over ninety-seven thousand 
citizens were, therefore, unpolled. How these votes would have been cast 
had the election been untrammeled, is a question which we think every 
candid reader of this paper has already determined in his own mind. We 
have shown that every species of inducement was offered to allure the voter 
to the one party — every means of intimidation and violence had been used 
to prevent his support of the other. We now leave our readers to draw 
their own conclusions as to the direction In which the unpolled vote would 
have been cast had all external influence been removed. 

Returning to the table of the vote cast, it will be perceived that in twelve 
counties not a single vote was permitted to be cast for Mr. Wiokliflfe. In 
eight others he received less than ten votes to the county. In fifteen others 
he received less than fifty votes to the county. In sixteen others he re- 
ceived less than one hundred votes to the county. These fifty-one counties 
embrace many of the strongest Democratic counties in the State. 

In only twenty-eight counties of the State did Mt. Bramlette receive a 
majority of the population entitled to vote. Less than two-fifths of the 
population entitled to vote have made him Governor of Kentucky. 

It is contended by the Administration press that the deficiency in the 
vote cast is attributable to the absence of many Kentucky soldiers in the 
army of the United States, all of whom would have voted for Mr. Bramlette, 
and the enlistment of others in the Southern armies, who have thereby lost 
the right to vote. On this point we have to say — 

First. That the number of white males over twenty-one years of age, as 
published in our appendix, is taken from the Auditor's report for 1S62, and 



botwithstanding the accession of tliousands of young men to tlie age of 
maturity in the meantime, it is nine thousand less in number than was 
reported by the Auditor for 18G1. The falling off can be accounted for in 
no other way than by the fact that the soldiei"S who had left their homes to 
join either array, in the fall of 18G], were dropped from the returns and 
are not included in the Auditor's report for 18G2. 

Secondly. That hundreds of those who were known to be friendly to the 
Administration were furloughed and sent home to vote. 

Thirdly. That a large number of Kentuckians in the United States army 
are under twenty-one years of age, and therefore not entitled to vote; and 
lastly, that they are very far from being unanimous in support of Mr. 
Bramlette or the Administration. 

We have said, however, that our object is to state what has happened, not 
to speculate upon what might or would have happened in contingencies 
which did not occur. To all such speculations on the part of our opponents 
we answer by a single question : If the majority of the people were in favor of 
your candidates, ichi/ resort to illegal and vnconstitutional means to disfranchise us? 

It will have already occurred to the intelligent reader that an election 
thus carried should have been contested. The Constitution of Kentucky 
provides that "all elections shall be free and equal," that the privilege o*' 
free suffrage shall be supported by laws regulating elections and ^^prohibit- 
ing, tender adequate penalties, all undue influences thereon from bribery, tumult 
or other improper practices," and that "contested elections for Governor 
and Lieutenant Governor shall be determined by the General Assembly, 
according to such regulations as may be established by law." Surely the 
spirit of these provisions would avoid any election such as we have de- 
scribed. Unfortunately, nowever, the laws enacted in conformity with 
them impose penalties upon the ^j«r5ons guilty of the offenses against the 
right of free suflVage, enumerated in the Constitution, without providing 
that the validity of the election itself shall be in anywise affected by the 
commission of such offensca. Our lawgivers did not contemplate the pos- 
sibility of a forcible interference so extensive as to taint the whole election; 
and so, in establishing a Hoard for the trial of contested elections, they 
made no provision for such a contingency, but simply directed that "the 
candidate receiving the highest number oj legal votes given" should be ad- 
judged to be the person elected. 

As the investigation is thus limited to the number of legal votes given, it 
matters not how many men were driven into the support of Mr. Bramlette 
by threats of military violence, nor how many others were deterred from 
voting for iVIr. Wicklifle by the knowledge that their votes, if offered, would 
not be received. The arrest of .Judges and voters, the erasure of the names 
of candidates from the poll-books, the administration of illegal oaths — all 
these, too, are wrongs which do not so affect the validity of an election as 
to be available in a contest before the tribunal established by law — a tri- 
bunal, be it remembered, wliose own seats had been obtained by the same 
practices upon which their judgment was to be asked. Considerations like 
these constrained us reluclantly to abandon all idea of contesting the elec- 



t2 AbtiftfisS, 

tion, and have left us A*ithoiit other remedy than this appeal (o the sofeef 
judgment of the people. 

On the 1st day of September Mr. Bramlette took the oaths and entered 
upon the discharge of the duties of the office to which he had thus been 
elected. His inaugural address lies before us, and while to many of hii 
positions we can make no objection, there are passages to be found in it 
which strikingly illustrate the correctness of the suspicions which led us 
to nominate a candidate in opposition to him. He continues to defend the 
rightfulness of military arrests without limiting his argimient to the 
theater of hostilities. He maintains the right to restrain the publication of 
newspapers when "reasonable grounds ' exist to believe that they have 
])ecn guilty of, or are about to commit, acts to the danger of the public se- 
curity, without intimating who is to decide upon the reasonable character 
of the suspicious. He objects to the polici/ of negro enlistments, but admits 
the existence of a rightful power in the Administration for that purpose. 
He denies the right of the people to limit or control the public expenditure 
in time of war. In these most important particulars he contradicts the 
platform of liis party. He docs far more ; he denies to the citizen those 
iavaluable riglits of freedom from arrest without warrant, of free speech, 
of control over public supplies, for which the English people fought for five 
hundred years, and whicli our forefathers, inheriting from tlioiu, believed 
they had bequeathed to us inviolate forever. 

We must not be suspected of any iuteutioiml misreprescMitation of Mr. 
Bramlettc's position on these vital points, and therefore conclude our ap- 
pendix (No. 18) with four extracts from tlie printed copy of his address. 

For the present, fellow-citiieus, the fate of Kentucky is sealed. Her 
verj' devotion to the Constitution has been made the means whereby to 
deprive her people of every Coustitutional right. Deceived and betrayed, 
she lies prostrate and heli)les8 — wept by lier friends — derided by her op- 
pressors. But there is that in the spirit of her people which tells us it will 
not be for long. Like fabled Antasus, who, each time he touched his niother 
earth, started up with redoubled strength, her fall will but invigorate her 
for a struggle yet to come. Thut her independence may be restored to her 
by the peaceful remedies of the Constitution, rather than by violent con- 
vulsion, must be the earnest prayer of every lover of his country. 

We, therefore, present this address to the people of the United States, 
and especially to the Congress of the United States, soon to assemble; 
praying that body to adopt such measures as, in their judgment, will secure 
to the Slates adhering to the Union the freedom of election, without wliich 
the very ])asi9 of our liberties is destroyed. 

W- A. DUDLEY, 
XAT. WOLFE, 
R. K. WHITE, 
J. H. HARNKY. 
W. F. BULLOCK, 
JOSH. F. BULLITT, 
R. C. PALMER, 
CommHtec\on behalf of the Democratic Parti/ 



A^ P P^ E IsT D I X . 



]Vo. 1. 

Louis VTLLF, Junk 1", ISfiH. 

Host. C. A. Wickliffe — Dear Sir: The undersigned, in behalf of many 
in all pai'ts of this Commonwealth, believe it a political necessity to reor- 
ganize the Democratic party in the State, in association with those of the 
North who have stood by the Government and tlie Constitution Ihvonghout 
this deplorable civil war. Thej- constitute the only political party of the 
North with whom any party South will have any attiliation, whilst apoliti- 
cal association between the two sections of the country is indispensable to 
a restoration of the Union. 

We cannot consent to the doctrine that the Constitution and laws are 
inadequate to the present emergency ; that the constitutional guarantees 
of liberty and property can be suaponded by war. 

Our fathors certainly did not intend that our Constitution should be a 
fair-weather document, to be laid awaj' in a storm, or a fancj' garment to 
be worn only in dry weather. On the contrary, it is in times Irke the 
[iresent that constitutional restraints on the power of those in authority 
are needed. 

We hold the Federal Government one of limited powers, thart cannot be 
enlai'ged by the existence of civil commotion. 

\Ve hold the rights reserved to the States equally sacred with those 
granted to the United States. The Government has no more right to dis- 
regard tiie Constitutions and laws of the States than the States have to 
disregard the Constitution and laws of the United States 

AV'e bold that the Administration has committed grave errors in confisca- 
tion bills, lawless proclamations and militarj' orders setting aside Consti- 
tutions and laws, and making arrests outside of military lines where there 
is no public danger to excuse it. 

It is now obvious that the fixed purpose of the Administration is to arm 
the negroes of the South to make war upon the whites, and we hold it to be 
the duty of the people ot Kentuckj' to enter against such a policy a solemn 
and most emphatic protest. 

We hold as sacred and inalienable tlie right of free speech and a free 
press; that the Government belongs to the people and not the people to the 
Government. 

We hold this rebellion utterly unjustifiable in its inception, and a dis- 
solution of the Union the greatest of calamities. We would use all just 
and constitutional means adapted to the suppression of the one and the 
restoration of the other. 

Having ot)served your uniform and consistent course since the origin of 
our troubles, we believe you a faithful representative of our views, and 



u 



APPENDIX. 



urgently request that y 

candidate for (lovernor 

Y 

W. F. BULLOCK, 
ROBERT COCHRAN, 
L. S.TRIMBLE, 
TIIOS. P. HUGHES. 
R. C. PALMEI!, 
ALFRED HERB, 
J. P. CHAMBERS. 
AVAf. K. THOMAS. 
W'M. G. REASOPi, 
ROBT. K. WHITE, 



ou permit your name to 
at the ensuing election, 
ours, respectfully, 
1 .J. H. HARNEY. 

WAL KAYE, 

N. WOLFE, 

S. U. HALL, 

.JOHN HERR. 

CHAS. L. HARRISON, 

.TOSH. F. P,ULL1TT, 

GEO. AV. .JOHNST(»N. 

ROBT. M. SMITH, 

T. .]. CONN, 

W. A. DUDLEY. 



be used as a Democratic 



W. P. SIMMONS. 
.JOHN T. BRIDGES, 
T. J. HALL, 
SAMUEL N. HALL, 
PHIL. TOMPPEUT,,In. 
.JESSE F. HAMMON, 
P. M. (^AMPION, 
W. H. BAILEY, 
JACOB ABNY, 
.L H. PRICE. 



IXo. 2. 

PROCLAMATION BY THE GOVEHNOU. 

CoMMONWK.VLTir OF KENTUCKY,") 
E.XECUTIVK DkI'AUTMENT. j 

For the information and guidance of all oflicci's at the approaching elec 
tion, I have cau.se to be herewith published an act of the Legislature of 
Kentucky, entitled "An act to amend chupter l-j, of the Revised Statutes, 
entitled 'Citizens, Expatriation and Aliens.' " 

Tlie strict oh.servance and enforcement of this, and all other laws of this 
State regulating elections, are earnestly enjoined aud required, as being 
alike due to a laithful discharge of duty, to the purity of the elective fran- 
chise, and to the sovereign will of the people of Iventucky, expressed 
through their Legislature. 

Given under my hand as Governor of Kentucky, at Frankfort, this 10th 
day of July, 180:5, aud in the 72d year of tiie Commonwealth. 

J. F. RoBi.vso.v. 

By the Governor: D. C. Wickliffe, Secretary of State. 

CHAPTER 509. 

AN ACT to ameml cliuiitcr l.') of tlie Ucvised .Statutes, entitlnl "Citiyons, Expatriation and 
Aliens." 

Sec. 1. Be it enacled by the General Assembly of the Commonwealth of Ken- 
tucky, That anj' citizen of this State ■who shall enter into the service of the 
so-called Confederate States, in either a civil or military capacitj-, or en- 
t«r into the service of the so-called Provisional Government of Kentuckj', 
in either a civil or military capacity, or liaving heretofore entered such 
service of either the Confederate States or Provisional Government, shall 
continue in such service after this act takes eft'ect, or shall take up or con- 
tinue in aims against the military forces of the United States or the State 
of Kentucky, or shall give voluntary aid and assistance to those in arms 
against said forces, shall be deemed to have expatriated himself, and shall 
no longer be a citizen of Kentucky, nor shall he again be a citizen, except 
by permission of the Legislatuie ))y a general or special statute. 

Shc. 2. That whenever a person attempts or is called on to exercise anj' 
of the constitiitional or legal rights and privileges belonging only to citi- 
zens of Kentucky, he may be re(iuiied to negative on oatli the expatriation 
provided in the first section of this act ; and upon his failure or refusal to 
do so, shall not be permitted to exercise any such right or privilege. 

Sec. 3. This act to be of force in thirt}' days from and after its passage. 

Passed and became a law, the objections of the Governor to the contrary 
notwithstanding, March 11, 18G2. 

\Vo append hereto the order of Major General Burnside ■ 



APPENDIX. 15 

MARTIAL LAW IN KENTUCKY. 

General Orders No. 120. 

Headquaktkus Ukpaktmknt of the ()iiio,> 
CixciNNATi, O., July 3], 1SU3. S 

AViiEREAs, The State of Kentucky is invaded by a rebel force with the 
avowed intention of overawing the judgeSgOf elections, of intimidating llie 
loyal voters, keeping them from the polls and forcing the election of dis- 
loyal candidates at the election on the 3d of August; and, whereas, the 
military power of the Government is the only force that can defeat this 
attempt, the State of Kentucky is hereby declared umler martial law and 
all military officers are commanded to aid the constituted auihorities ot the 
State in support of the laws and of tiie purity of sutl'ragc, as defined in the 
late proclamation of His Excellency, Governor IJobinson. 

As it is not the intention of the Commanding Geneial to intcrfeie with 
the proper expression of public opinion, all discretion in the conduct ol the 
election will be as usual in the hands of the legally appointed judges at 
the polls, who will be held strictly responsible that no disloyal pcison be 
allowed to vote, and to this end the military power ia ordered to give them 
its utmost support. 

The civil authority', civil courts and business will not be suspended by 
this order. It is for the purpose only of protecting, if necessary, the rights 
of loyal citizens, and the freedom of election. 

By command of Major General Burn side. 

Lewis RiciiMOiND, A. A G. 

Official: R. H. I. Goddard, A. A. A. G. 

Wo. 3. 

" To Col. Butler : Persons of open and avowed disloyalty will not be per- 
mitted to stand for office. The provisions of Gen, Buruside's order 120 must 
be strictly enforced. 

" By command. A. C. Se.mple, A. A. G. ' 

C. A. Wickliffe protests against the act by which his name was stricken 
from the poll-books, and the people denied the privilege of voting for him 
as a candidate for the office of Governor. 

He states that he has ever been opposed to secession or a dissolution of 
the Union. 

He is in favor of a restoration ot the Union as it was under the present 
Constitution. 

He has opposed the abolition of slavery as a war measure and the arming 
of negroes as soldiers of the army of the United States, and voted against 
the appropriation bill at the last session after the House refused to adopt 
the proviso offered by Mr. Mallory, providing, in substance, that no part of 
the money should be expended in freeing negroes, i?i unuiiig nnd paying ne- 
groes as soldiers of the army. Mr. Critiende]!, Mr. .Mallory, Mr. Menzies, 
Mr. Harding, Mr. Yeaman, and Mr. Grider opjioscd the bill, and refused to 
vote for it for the same reasons. 

I deny that I am disloyal to the Government or to the Constitution. 

I request the judges to file this paper with the poll-books and returns. 

C. A. Wickliffe. 

The foregoing is a copy of a protest attached to poll-book No. 0, in Nelson 
county, now in our possesion, as a board for examining the poll-books for 
Nelson county. 

Attest: T. P. Ta.NTHiruM, J. N. C. C. 

.J AS. Wood, S. N. C. 

We, the judges of the election held at the courthouse in Bardstown, Nelson 
county, Ky., in Precinct No. 9, on this the 3d day of August, 1863, do certify 
that the names of C, A. Wickliffe, a candidate for Governor of Kentucky, 



16 APPENDIX. 

W. B. Read, carnlidate for the office of Lieut. Governor of Kentucky, were 

erased from the poll-books by Lieut. Col Butler, comniauding ilic Fifth Rogi- 

tneni, Indiana Cavalry, U. S. Army, now with headquarters at this place, who 

would permit no voter to vote for said persons for said offices. The names 

of William .Johnson, candidate for County Attorney, and Austin Mattingly, 

candidate for County Court Clerk were stricken from the poll-book in the 

manner aforesaid, and no person allowed to vote for them. E. E. McKay 

havinp: notified us in wriling, at the hour of ten o'clock in the morning that 

he was no longer a candidate for County Attorney, and that his name must 

be stricken from the poll-book, which was accordingly done. 

We do further certify that the foregoing pages contain the votes polled at 

said precinct for the candidates whose names were not stricken oft' to wit: 

For Governor — Thos. E. Bramlette, 60 votes. For Lieutenant Governor — 

Richard T. Jacob, tJO votes. For .Attorney General — .John M. Harlen, HO. 

For Attorney General — Thomas Turner, 1 vote. For State Tieasurcr — .lames 

}L Garrard, 50 votes and H. F. Kalfus 1 vote. For Auditor — William T. 

Samuels (>1 votes and Grant Green 1 vote. For Register of Land office — 

James A !>.iwson oU votes ami Thos. J. Frazier 1 vote. For Superintendent 

of Public Instruction — Daniel Stevenson 5'J votes and T. C Mc Kce 1 vote. 

For the Legislature — W. M. Elliott 6H votes. For Congress — .\aron Harding 

61 voles and Wm. Heady 6 votes. For County Attorney — G. W. Hite r>6 votes 

and £. E.Mcivay 19 votes. For County Court Clerk — W. J. Spaldiug 34 

votes, John S. Bean 41 votes and W. M. Powell H votes. 

Mathew JUPIN, ) T 1 

T u )- Judges. 

Jonathan Rogers, j ^ 

T. W. Samuels, Sheriff. 

J. B. Hacki.ey, Clerk 

The foregoing is a true copy of the certificate on the poll-book of [irecinct 

No. 9, in Nelson county, now in our possession as a board for examining 

the poll-books. 

Attest : T. P. Lintuich.m, J. N. C. C. 

J AS. Wood, S. N ('. 



Xo. 4. 

GEN. HARTSUFF AND REBEL SYMP.VTHIZERS. 

IlEAnQlIARTERS TwKNTV-TU I R 1> ArMY (^ORPS, "> 

Lexi.\c;to.\, Ky., July 'H, 1X63. j 

General Orders No. 14. — For ihc information and guidance of officers 
in impressing property, it is hereby dircote<i that, whenever its impressment 
may become necessary for the ti-oops of the Twenty-thinl army corps, it will 
be taken exclusively from rebels and rebel sjnnpalhizeis; and so long as 
the properly needed is to found belonging or pertaining to either of the 
above-named classes, no man of undoubted loyalty will ))e molcsteil. 

Among rebel s^'inpathizers will be classed those persons in Kentucky, 
nominally Union men, ))ut opposed to the Government and to the prosecution 
of the war, whose acts and words alike hinder the speedy and proper termi- 
nation of the rebellion. 

Property will ouly be taken by ilie proper Stall officers, who will in every 
case give receipts for it. Appropriate blank receipts will he furnished by 
the Chief Commissary and Chief yuirlcrmaster at these headquarters. 

By command of Maj.-Gen. Haktsuff. 

Geo. B. Drake, A. A. G. 



I 



IVo. 5. 

FlEAngiARTKRS U.MTEn STATfcS FoRCES, 

S.MiTHi.Axn, Ky., July 16, l.%3. 
General Order. 

The County Court Judges of the counties of Trigg, Caldwell, Lyon, Critten- 
den and Livingston, are hereby directed, in appointing Judges and Clerks for 
conducting the State elections iu August next, to observe strictly the laws 



ArPENDIX. 17 

of Kentucky, which reiiuire that such Judges and Clerks shall be unconditional 
Ihiion mm. 

JiidfTcsand Clerks so appointed are hereby directed not to place the name 
of Miiy person on the poll-books to be voted for at said election who is not a 
Union man, or who may be opposed io fandshing men and moneii for a vigorous 
jtroscculion of (he war afjainst the rebellion against the United States Govern- 
ment. The Judges and ('lerks are futher directed to permit no person to 
vote at said election without taking the oath required by the laws of Ken- 
tuck^', unless said pe; son so presenting himself to vote is personally known 
to the Judges to be a Union man. 

Any person violating this order will be regarded as an enemy to the Gov- 
ernment of I he United States, and will be arrested and puuishetl according- 
ly. By order of Thos. Johnson, 

Lieutenant Colonel Commanding. 

OATH 

I do solemnly swear that I have never entered the service of the so-called 
Confederate States of America, and tliat I have not been engaged in the ser- 
vice of the so-called Provisional Government of Kentucky, either in a civil 
or military capacity, and that I have never, cither directly or indirectly, 
aided in the rebellion against the United States or the State of Kentucky, so 
help mc God. 



No. 6. 

Headquarters Military Commander, "» 
Louisville, Kt., August 1, 1863. j 
General Orders No. 1. 



I. The loyal and peaceble citizens of the city of Louisville and Jefferson 
county ma}' disabuse their minds of all apprehensions of evil at the coming 
election, notwithstanding the busily circulated rumors that a rebel force 
has invaded tlie State to molest the loyal men who may go to the polls to 
exercise iheir franchise rights. 

All loyal citizens, Avho have not forfeited their citizenship, can safely and 
quietly cast tlieir votes for the candidates of their choice; but all who have 
forfeited their right of citizenship under the provisions of the act of Assem- 
')ly, who shall present themselves at tlie polls and fraudulently attempt to 
vote, wilt be immediately arrested by the guard detailed for that purpose at 
such precinct and confined in the militai-y prison. 

Reliable citizens, who know the record of each resident in the several 
precincts, will be in attendance to point out to the guard any who shall 
make the attempt to perpetrate a fraud against the election laws, and no 
dragging up to the polls, bantering, examining of tickets or other interfer- 
ence with the rights of the voting citizen by police officers or others will be 
permitted. 

By order of Colonel M. Mundy, Military Commander. 

C. C. Adams, Lieutenant and A. A. A. G. 



Wo. 'y. 

Headqtjarters District of Kenti'cky, "i 
Louisville, July 25, 1863. j 
By authority of the Geueial coramanding the Department, the following 
general order is made : 

1. It is ordered that no forage or other property belonging to loyal citi- 
zens in the State of Kentucky be seized or impressed except in cases of ab- 
solute necessiiy, and then only on the written authority from the head- 
quarters of the Twenty-third Army Corps or from these headquarters. 

2. Whenever it becomes necessary to seize or impress private property 
for military purposes, the properly of sympathizers with iho rebellion and 

3 



18 APPENDIX. 

of those opposed to furnishing any more men or any more money to main- 
tain the Federal Government and suppress tlie rebellion, will be first seized 
and impressed. 

3. The negroes of loyal citizens will not be impressed on the public works 
and military roads unless absolutely necessary. The negroes of citizens 
who are for no more men and no more money to suppress the rebellion, anfl 
the supporters, aiders and abettors of such, will be first impressed, and 
officers detailed for the purpose are required strictly to observe this order 
in the execution of their duties. 

4. All horses of the enemy captured or subject to capture will be taken 
possession of by Quartermasters and reported to Captain Jenkins, Chief 
Quartermaster, Louisville, who is ordered to allow loyal citizens to retain 
horses to supply the places of those stolen by the enemy ; but disloyal per- 
sons mentioned in paragraphs two and three, who encourage raids by the 
enemy, will not in any case be allowed to retain captured horses or horses 
justly subject to capture. 

5. For all property seized or impressed proper and regular voucliers will 
be given, with indorsement as to the loyalty or disloyalty of the owners of 
the property. 

By order of Brigadier General Boyle. 

A. C. Semple, a. a. G. 



Wo. 8. 

You will find inclosed a verbatim, ei literatim, et puncttialim copy of an or- 
der served on the judges of the election at Thrclkeld's precinct, Livingston 
county, Ky., the result of which was that no person after that, time (one 
o'clock p. Ji.) was allowed to vote for Mr. Hodges, although several claimed 
the right to do so; besides, as the liberty of the voter was thus taken away, 
quite a number left the precinct, refusing and declining to vote unless they 
could vote for whom they pleased. One of the judges, Leroy Morris, has 
the original order, as follows : 

" Critenden County August 1863. 

"I herby notify the Judges of the Election at threilcils Precinct not to 
enrol Bloont hedges name on the Pole-boock nor no other Dis Loyal man, 
nor let no Disloyal man vote. 

"[Signed] "Jonathan Belt, 

"Com. Co. C, 15th Ky. Cavalry.' 

A copy of the original order, certified by the judges of the election, Leroy 
Morris and Wm. S. Davis, attested by the clerk, was given by said judges, 
and has been placed in the hand? of the Sherifl" of the county. 

Mr. Blount Hodges, the opposing candidate to N. R. Black for the Senate, 
60 far as the officer of the election knew, or was informed, is as loyal a citi- 
zen as any man in Kentuckj-, but not an Abolitionist. 

Henry B. Yates, John Springs and James Dial, professing to be members 
of Belt's command (that of Captain) were bearers of the order. 



JVo. 9. 

Headquarters United St.vtes Forces, "( 
Henderson, Ky., July '28, 18G3. / 
General Order No. 12. 

In order that the proclamation of the Governor and the laws of the State 
of Kentucky may be observed and enforced, Post Commandants and officers 
of this command will see that the following regulations are strictly com- 
plied with at the approaching State election : 

None but loyal citizens will act as officer.s of the election. 

No one will be allowed to oflfer himself as a candidate for office, or be 
voted for at said election, who is not, in all things, loyal to the State and 
Federal Governments, and in favor of a vigorous prosecution of the was 
for the suppression of the rebellion. 



The judges of the election will allow no one to vote at said election unless 
he is known to tlicm to be an ninloiihteilly loyal citizen, or unless he shall 
first take tlie oath required by the lav.-s of the State of Kentucky. 

No disloyal man will offer himself as a candidate or attempt to vote, ex- 
cept for treasonable purposes; and all such eiforts will be summarily sup- 
pressed by tlie military authorities 

All necessary protection will be supplied and guaranteed at the polls to 
Union men by all tlie military force in this cemmand. 

By order of John W, Foster, Colonel commanding. 

W. A. Page, Lieutenant and Adjutant. 

OATH TO BE TAKE.V AT THE ELECTION. 

I do hereby solemnly swear that I have not been in the service of the so- 
called Confederate States, in either a civil or military capacity, or in the 
service of the so-called Provisional Government of Kentucky; that I have 
not given anj' aid, assistance or comfort to any person in arms against the 
United States; and that I have in all things demeaned myself as a loyal 
citizen since the beginning of the rebellion; so help me God ! 



Xo. 10. 

Headquarters IGth Army Corps, 1 
Memphis, Tenn., July 14, 18G3. J 
Special Orders, A'o. 159. 

I. In so much of the State of Kentucky as is within the District of Colum- 
bus, it is ordered — 

1. That no person be permitted to be a candidate for office, who is not 
avowedly and unconditionally for the Union and the sui^pression of the re- 
bellion. 

2. That no person shall exercise the privilege of an elector and vote at 
said elections, who is not avowedly and unconditionally for the Union and 
the suppression of the rebellion. 

3. The military authorities in said District of Columbus will se? to it that 
this order be carried out. Judges of elections will be governed by the 
principles herein set forth and ivill demand evidence upon oaths in such 
cases as may be in doubt, and allow no person to exercise the franchise of 
voting who does not take the oath required. 

By order of Major General S. A. Hurlbut. 

He.\'ry Binmore, a. a. G. 

Headq'rs Dist. Columbus, Gth Div., 16th Army Coups, ") 
Orders. Columbus, Ky., July 15, 1803. / 

The above orders of the General commanding Corps are communicated to 
the civil and military authorities for their information. Military officers 
making arrests for violation of these orders will be governed by the Circu- 
lar from office of Commissary General of Prisons, dated Washington, May 
11, 18G3. 

By order of Brigadier General Asboth. 

T. H. Harris, A. A. G. 



Bfo. 11. 

Dist. of Columbus, Headq'rs Gth Div., 16th Army Corps, \ 
Columbus, Ky., July 29, 1863. / 

General Orders No. 47. 

That no further doubt may exist as to the intent and meaning of Special 
Orders No. 159, dated Headquarters IGth Army Corps, July 14, Iv'^GS, it is 
ordered that no ])erson .shall be permitted to be voted for, or be a candidate 
for office, who lias been, or is now under arrest or bonds, by proper author- 
ity, for uttering disloyal language or sentiments. 

County .Judges wirliin this district are hereby ordered to appoint, as 



90 APPENDIX. 

Judges and Clerks of the ensuing August election, only such persons fts are 
avowedly and unconditionally for the Union and the suppression of the re- 
bellion, and are fuither ordered to revoke and recall au\' appointment of 
Judges and Clerks already made, who ai'e not such loyal persons. 

.Judges and Clerks of elections are hereby ordered not to place the name 
of any person upon the poll-books, to be voted for at said eledion, who ia 
not avowedly and unconditional!}' for the Union and the suppression of the 
rebellion, or who may be opposed to furnishing men and money for the sup- 
pression of the rebellion. 

The following oath is prescribed and will be administered by Judges of 
elections to voters and to such candidates as reside within this district : 

" I do solemnly swear that I have never entered the service ot the so- 
called Confederate States ; that I have not been engaged in the service of 
the so-called ' Pi ovisional Government of Kentucky,' either in a civil or 
military capacity; that I have never, either directly or indirectly, aided the 
rebellion against the Government of the United States or the State of Ken- 
tucky ; that I am unconditionally foe the Union and the suppression of the 
rebellion, and am willing to furnish men and money for tlie vigorous 
prosecution of the w.ar against the rebellious league known as the 'Con- 
federate States ;" so help me God." 

Any voter, Judge or Clerk of elections, or other person, who may evade, 
neglect or refuse compliance wiih the provisions of this order will be ar- 
rested and sent l)efore a Military Commission as soon as the facts are sub- 
stantiated. 

By order of Brigadier-General xVsboth. 

T. H. Harris, A. A. G. 



I¥o. 12. 

General Order Ko. 23. 

IlE.\.nQUARTERs 1 ST Briga.DK, 2d Divisto.v 23d Armv Corps, ■> 
KussELLViLLE, Kv., July 30. 18ii3. j 

In order Ihat the proclamation of the Governor ami the laws of the State 
of Kentucky may be observed and enforced, post coium.-indauts and officers 
of this command will see that the following regulations are stricily complied 
with at the approaching Stato election: 

None but loyal citizens will act as officers of the election. 

No one will be allowed to offer himself as a candidate for office, or be 
voted for at said election, who is not in all things loyal to the State and 
Federal Governments, and in favor of a vigorous prosecution of the war for 
the suppression of the rebellion. 

The judges of the election will allow no one to vote at said election unless 
he is known to tiiem to be an undoubtedly lo^-al citizen, or unless lie shall 
iirst take the oath required liy the laws of the State of Kentucky. 

No disloyal man will offer hiinselfasa candidate or attempt to voto. ex- 
cept for treasonable i)iirposes ; and all such efforts will be summarily sup- 
pressed by the milit.ary authorities. 

All necessary protection will be supplied and guaranteed at tiie polls to 
Union men fiy all the niilitaiy force within this command. 

By order of Brigadier General J. M. Shackleford, commamling. 

J E. II II FF. MAX, A. A. G. 

OATII TO BE TAKEN' AT TIIE EI.ECTION. 

I do solemnly swear that I have not lieeii in the service of the so-called 
Confe<lerate States, in either a civil or .i military capacity, or in the ser- 
vice of the so-called Provisional Government of l\etitucky; lint I have not 
givi'U any aid, assistanc • or comfort to any person in arms ag;iiust the 
United States; and that 1 huve, in .-ill things, demeaned myself .as a loyal 
citizen since the beginning of the present n-bellion ; so help me God ! 



AfPEHDiX. 21 

]Vo. 13. 

REPORT OF MAJOR GIBSON AS TO THE WAY THE ELECTION WAS 
HELD AT MOSCOW, KENTUCKY. 

Headquarters oIst Regiment Wisconsin Vols., l 
Fort IIallecx, Ky.. .Vugust 4, 18G3. ( 
Brigadier- General Asboth, comnumdinu District of Colu/nhu.t, Sixth Dlt<i.yii>ii, 
Sixteenth Army Corps .• 

General: In compliance with Spoci.'il Ordov No. 17 ("V.''), from Post 
Headqu.arters, [ proceeded in command of eighty men to IMoscow, Ky., on 
the 3d day of August, 18G3. 

A general election was to be held The polls were opened at 9 a. m., 
each of the Judges of election, the Sheriff and Clerk having taken the oath 
prescribed by the laws of Kentucky. The Judges' names were W. P. Grif- 
fey and J. B. Morris, the Sheriffs name Joseph Kennedy, and the Clerk's 
n:inie Wm. C. Blair. 

Major Gibson having read to the Board of Inspectors of election General 
Hnrlbut's Order No. 159, and General Asboth's General Order No. 47, ex- 
plaining the same, and prescribing the oath to be administered to the voters 
and candidates, and having read to them General Burnside's order placing 
the State of Kentucky under martial law, and having stated publicly before 
the Board, in the presence of the voters, that he was there under proper 
military orders to enforce a strict compliance with General Asboth's Order 
No. 47, demanded of the Clerk, Sheriff and Judges thai each of them should, 
before recording a vote, take the oath. Tiiey refused to do soon the ground 
that Gen. Asboth's order, in their opinion, was inconsistent with President 
Lincoln's proclamation in regard to tliose who would within a certain time 
lay down their arms and return to their duty as loyal citizens ; that the 
oath required of them b.v Gen. Asboth conflicted with their oaths to the 
constitution and laws of Kentucky, in this: that the constitution of Ken- 
tuckj' guaranteed to the people a free election, and that the laws of the State 
subjected them as inspectors, to fines, forfeitures, penalties, indictments, 
&e.. unless they placed upon the poll-lists the names of all candidates voted 
for, and that they could not, as honorable and conscientious men, take an 
oath which required them to act as Judges of the election in accordance 
with the laws of Kentucky, and take an oath prescribed by Gen. Asboth, 
which did not, in their opinion, coincide with the enactments of the State of 
Kentucky. 

They, as well as the citizens, claimed that the proclamation of Governor 
Robinson, of Kentucky, was the best authority and exposition in regard to 
the laws of expatriation and the return of citizens to their duty, and their 
rights and privileges thereafter; and that under his proclamation every 
citizen who returned to the State and remained peaceable and law-abiding 
and took the oath of allegiance to the Federal Government, was entitled to 
protection and to the right of the e.lectice franchise. 

To this Major Gibson replied that they would subject themselves to simi- 
lar fines and imprisonment in case they would not comply with General 
Asboth's order ; that as long as the State was under martial law, and that 
law could be enforced, the civil law was subservient to the military power, 
and that unless they complied with the order he should have to place them 
under arrest and take them to Columbus. 

In ordei', however, to act in .'{//■/c^ accordance with the order (the order 
not saying in so many words that the Judges or inspectors should take the 
oath), one person, Mr. 11. A. Thompson, was allowed to offer to vote. Major 
Gibson demanded of the judges that they administer the oath prescribed by 
General Asboth. This they i-efused to do for the reasons above stated. 

Major Gibson then placed them under arrest and requested them to ac- 
company him to Columbus, which they complied with i)rompLly and cheer- 
fully. 

jiajor Rowley was not in town, and they were conducted to (ieneral 
As))Oth. 



»j<i Ati'BIihtX. 

I would state, in conclusion, that the judges informed me that they were 
appointed by the county judge inspectors of election prrvmts to tlie issue of 
Ueneriil Asl)Otirs order, and tiiat they had made application to tlie county 
juilo'e to be released from the duties and obligations iiupoised on liuMii by 
sutdi appointment, as soon as they heard of such order, and had bacn re- 
fused by the judge. 

I most clieerfuUy acknowledge the prompt and efficient services of Capt. 
John R. Jones, of the Twenty-second Iowa volunteers. 

IVo. 14. 

♦ DEATSviiiLt;, Nelson County, Kj'. 

I, Moses D. Leoson, Captain commanding company B, Fifth Indiana (^•vv- 
alry, hereby certify that under the orders and instructions of Lieiuenant- 
(Udouel Thos. 1{. Butler, commanding Fifth Iiuliana Cavalry, I ordeiod the 
polls to be opened by the regularly appointed Judges, Slieriff and t'lerlc, 
viz: W. R. Livers. T. C. Warren, Thos. Cown and R. E. llarrcU, and per- 
mitted no other candidates' names to appear on the poll-books but the fol- 
lowing: For Governor, Thos. F. Bramlette; for Lieutenaut-tiovornor, R. T. 
Jacob; for Attorney-General, Jolm M. Harlan ; for State Treasurer, James 
Garrard; for Aiulitor, W. T. Samuels; for Register of Land Office, James 
A. Davidson; for Superintendent of Public Instruction, Stevenson ; for 
Congress, Aaion Harding; for the Legislature, Dr. W. Elliott; for County 
Attorney, Q. W. llite; for County Clerk, W. T. Spalding and William M. 
Powell. 

August 3, 18G3. Moses D. Lkeson, 

Captain commanding company B, 5th Ind. Cav. 

Xo. 15. 

We, the undersigned, do hereby certify, as officers of Precinct No. 2, at 
Cloverport, Ky., that after opening the polls Captain Herubrook, by author- 
ity from General Sluickleford, ordered us to strike oif the entire Wickliffe 
ticket, and also Milton Board's name, from the poll-book, which was ac- 
cordingly done in obedience to said order. 



Attest: J. C. Hest, Clerk; 



Wm. S. Allk 



Wm. B. Jones 
J. R. Allen, Sheriif. 



'' I Judge 



Forks of Rough, August 3, 18G3. 
I do certify that at Rough Creek Spring Precinct, District No. 4, there 
was a poll opened for C. A. Wicklifl'e and others forming a Democratic 
ticket, and for State othcers; that I suppressed the same by order of Gen. 
Shackleford, between seven and eight o'clock .». m. 

Wm. Grown, Sergeant in Command. 

Ko. 16. 

McCRACKEN COUNTY.— In this county the election was held under 
strict military rule. Soldiers were stationed at each precinct. No one was 
allowed to vote without taking the oath prescribed by Gen. Asboth. The 
Democratic ticket was struck from the poll-books and not allowed to be 
voted for. 

BULLITT COUNTY.— At Mount Washington the voting commenced 
about eight o'clock. At nine in the morning Wicklitfe had received twenty- 
one votes and Bramlette three votes. A Lieutenant of cavalry, with a 
squad of fifty men under his command, then ordered the name of the Demo- 
cratic candidates to be erased from the poll-books, and this was done. 

H.\NCO<"K ('OUNTY. — At Hawesville a l..ieutenant in command of a 
military force forbade the judges to place the names of the Democratic can- 
didates on the poll-books, and they obeyed, refusing to receive any votes 
for tliese caiulidates. At Lewisjiort the same course was pursued. At In- 



APPENDIX. 23 

dian Creek no poll was opened for the Democratic ticket. At Lane pre- 
cinct twenty-two votes were allowed to be cast for Wickliffe. 

BALLARD COUNTY. — At Precinct No. 1 there was no interference with 
voters and Wickliffe received all but two or three of ihe votes cast. At the 
remaining precincts the election was concJucted by armed soldiers under 
the orders of Gen. Asboth, all the voters being rc.|uired to take the oath 
prescribed in his order. At precinct Nos. 2 and 4 no election was held as 
the judges refused to hold it unless pernritted to conduct it agreeably to the 
laws of the State. 

McLEAN COUNTY. — The Democratic ticket was erased from the poll- 
books at all but one or two precincts. 

CALDAVELL COUNTY. — Wickliffe's name was not allowed to go on the 
poll-books at any of the precincts, although many of the best citizens offered 
to take the oaths required if permitted to vote for him. 

BRECKINRIDGR COUNTY. — The Democratic ticket was stricken from 
the poll-books at seven out of twelve precincts. At several precincts the 
Democratic ticket was permitted to be voted for until ten o'clock a. m., and 
at each of them at the time of suppression there were at least two votes for 
Wickliffe to one for Bramlette. 

GRAVES COUNTY.— The election was conducted under the military or- 
ders of Hurlbut and Asboth. The Democratic ticket was not permitted to 
be placed upon the poll-books at either of nine places of voting- Men were 
arrested at Mayfield by the military for offering to vote the Democratic 
ticket. 

CALLOWAY COUNTY.— The Bramlette ticket alone was permitted to 
go upon the poll-books. 

HICKMAN COUNTY. — At Columbus, McAllister's and Hays' precints no 
polls were opened, as the officers refused to act unless permitted to hold 
the election according to law. At Moscow precinct the judges were arrested 
and carried to Columbus. [See Major Gibson s report, No. 13, supra.] At 
Springhill and Peto precincts the Democratic ticket was not allowed to be 
voted for. At Clinton an officer attended with Asboth's order, Init, on being 
shown the law of the State, he refused to interfere, and the election was 
held according to law; but the voteis having understood that Asboth's or- 
der would be enfoi-ced, they remained at home, and not half the Democratic 
vote of the precinct was cast. 

FULTON COUNTY. — At Hickman an officer commanding the troops or- 
dered the judges to suffer no one to be voted for unless they were satisfied 
he had taken the oath prescribed by Gen. Asboth. The Democratic ticket 
was therefore not allowed to be voted for at that point, though many offered 
to vote for it. 

MEADE COUNTY.— At Big Spring ("apt. .Johnson forbade the Demo- 
cratic ticket to be placed on the poll-books, stating that he was acting under 
the orders of Gen. Shackleford. 

SHELBY'' COUNTY. — At Doke's precinct no one was allowed to vote un- 
less for Bramlette, though voters offered to take any oath required. They 
were told that no disloyal man could vote, and an offer to vote the Demo- 
cratic ticket was evidence of disloyalty. 

LYON COUNTY'. — Soldiers were stationed at each precinct. The Demo- 
cratic ticket was not permitted to be voted for. 

DAVIESS COUNY. — At (Jwcnsboro the Democratic ticket was not per- 
mitted to be entered on the poll-book. At Yelvington the oath required by 
the State laws only was administered and Wickliffe got two votes to one for 
Bramlette. At Knottsville the Democratic ticket was erased from the poll- 
book bj? the military, as was also done at Curdville, Oakford and Murdav 9. 

HENDERSON COUNTY.— Voters were required to take Gen. Shackle- 
ford's oath. At Henderson several persons were arrested for voting the 
Democratic ticket. At the Ilebardville, Spottsville and Tillotson's precincts 
the Democratic ticket was not allowed on the poll-books. At the Walnut 
Bottom precinct si.xtecn votes were cast for Wickliffe and none for Bram- 



24 APPENDIX. 

Ict.te before the arriva! of the military, wlieii the ofliccr iii coniinand seized 
the poll-hiioks •■\\\i\ carrieil lliein to lieaJcjiiarters. 

OWKN (JOUNTY. — In ei^lit precincts no voles were permitted to be cast 
for Wicklitfc. For some reason ninety-seven votes were permitted to be 
recorded i'or liim in one i)recinct anil thirty-six in another. 

>'ELS()N COl NTV. — At JJardstown Col. Bntler in jierson erased the Dem- 
ocratic ticket from the poll-books. At Boston, Bloomtield, Hig^h Grove, 
Deatsville and Ballard's tlie soldiery proliibited any one from voting for 
Wickliffe. ,\t Cliaplin the military were not permitted to control the 
election, and Wicklilfe got ninety-three votes to six for Bramlctte. 

WOODFOltD COUNTY.— At Versailles the Provost Marshal gave notice 
at the jiolls that those who voled 'he Democratic ticket would leave a record 
of their disloyalty, so that, he would know whose propei-ty to seize as the 
sympathizers in rebellion. Finally, none were allowed to vote who disap- 
proved the negro policv of the Administration. 

CONGRESSIOXAL DISTitlCTS NOS. G AND 7.— Voters, in addition to 
the oath i-e(]uired by law, were required to answer questions as to their 
feelings, sympathies and wishes. If they failed to answer these satisfacio- 
rily, or refused to answer at all, their votes were rejected. 'I hose who had 
voted earl}' in the day were afterwav<l called back and these questions put 
to them and their votes erased. All this was done under a\ithority of tele- 
graphic dispatches sent over the Districts, stating that Major M. (". Johnson 
had ''issued on order'' that these questions were to be put to voters. Mr. 
Johnson is a distinguished lawyer of Lexington, and he has since, in a 
public card, denied that he had ever given such an opinion, but, on the 
contrary, when consulted by the judges of election, had advised them that 
such questions were illegal. 



APPENDIX. 25 

Wo. 17. 

OFFICIAL VOTE FOR GOVERNOR, AUGUST 3, 18G3. 






J2^ 



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H 


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o 




5' 

IS 


H 


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5 


pffl 

is 
; » 

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00 


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J 




E 


5' 




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CO 


: < 




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CA 


: < 




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' »-t 



Adair 

Allen 913 

Anderson . . 429 

Boyle 579 

Bracken 931 

Bullitt 459 

Bourbon 595 

Barren 879 

Brack' ridge. 912 

Boone 449 

Bre thitt... 95 

Ballard 174 

Bath 557 

Butler 882 

Boyd 500 

Campbell... 1,471 

Caldwell ... 5U1 

Christian... 952 

Clarke 615 

Carroll 193 

Casey 983 

Clinton 

Cumberland 447 

Crittenden.. 787 

Carter 563 

Calloway... 297 

Clay 511 

Daviess .... 733 

Edmonson. . 519 

Estill....... 596 

Franklin ... 674 

Fayette 896 

Floyd 60 

Fleming.... 877 

Fulton 40 

Gallatin.... 236 

Graves 720 

Greenup 614 

Grant 572 

Grayson 911 

Garrard 763 

Green 805 

Hopkins. . . . .564 

Henderson . 266 

Hardin 1,(M7 



Hancock 

Henry 

Harlan 

Hart 

Harrison . . 
Hickman.. 
Jessamine. 
Jefferson . . . 
Johnson . . , 
Jackson. 



322 



1,051 

768 

61 

492 

4,629 

313 



Kenton 1,906 



82 

124 

262 

172 

118 

.366 

158 

807 

47 

53 

7(1 

144 

58 

636 

1.34 

306 

244 

16 



11 
132 
168 

.38 
175 
367 

51 
119 
143 
195 

150 

206 

305 

46 

36 

29 

Vi8 

72(1 

22 

384 

249 
397 
95 
58 
1,052 



383 



1,004 
918 
511 
703 

1,193 
631 
713 

1,245 

1,070 

1,256 
142 
227 
637 

1,026 
658 

2,157 
501 

1,086 
921 
4.37 
999 

472 
787 
607 
29r 
522 
86r. 
697 
634 
849 

1,263 
111 
896 
183 
431 
720 
764 
778 

1,216 
809 
841 
•593 
4J4 

1,767 
:U4 

1,210 

him 

1.165 
156 
550 

6,681 

' 313 
2.289 



1,553 
1,613 
1.212 
l,"i82 
2,066 
1,096 
1,003 
2.433 
2,0.38 
2,082 

769 
1,385 
1,606 
1,.381 
1,079 
4,4,56 
1,294 
2,201 
1,607 
1,222 
1,340 

848 

i,ia3 

1,316 

1,703 
1,624 
1,064 
2,644 

781 
1,241 
2,091 
2,655 
1,095 
2,209 

982 

917 
2,137 
1,52:3 
1,709 
1,507 
1,313 
1,252 
1,97-1 
1,601 
2.614 
1,09' 
1,9.58 

869 
1,825 
2,254 

929 
1,366| 
15,257 

914| 

4731 
5,1 88| 



Knox 670 

Lyon 133 

Larue 810 

Letcher 

Laurel 509 

Lewis 790 

Lincoln 695 

Lawrence . . 594 

Logan 882 

Livingston . 189 
.Muhlenb's..l,i(>7 

Madison 9.59 

Montgom'ry 432 

.Mercer 955 

Marion 1.053 

Mason 946 

Marshall.... 224 
McCrackeu. 213 

Meade 313 

Monroe .... 882 
McLean .... 530 

Morgan 45 

.Magoffin .... 230 
Metcalfe. ... 889 
Nicholas. . . . 716 

Nelson 443 

Oldham .... 354 

Owen 309 

Ohio 1,211 

Owsley 537 

Perry 

Pulafki.... 1,510 

Pike 

Pendleton . . 845 

Powell 169 

Rowan 114 

Rockcastle . 59!^ 

Kussell 497 

Simpsion . . . .390 

Shelby 810 

Scott 493 

Spencer 199 

Todd 577 

Taylor 752 

Trigg 475 

Trimble 114 

Union 272 

Woodford. . . 351 

Wayne 331 

Warren l,--'59 

Whitley .... 706 
Washingt'n 1,089 
Webster. . . . 414 
Wolfe 50 



26 
11 
107 
92 
411 
225 
'69 
226 
113 
142 
192 
113 
263 

227 

24 

56 

267 

94 

8 

3 

225 

372 

133 

448 



116 

82 
7 



124 
527 
467 
414 
6 

51 

1 

134 

17 
168 

89 
313 

127 
53 
56 



674 

1,33 

1,015 

535 

801 

802 

686 

1,293 

414 

1,176 

1,185 

545 

1,097 

1,245 

1,059 

4S7 

213 

540 

906 

586 

312 

.324 

897 

719 

668 

726 

442 

1,659 

587 

1,590 

861 
251 
121 
606 
535 
514 

1,337 
960 
613 
583 
803 
476 
248 
289 
519 
420 

1,572 
706 

1,216 
467 
106 



1,375 

764 

1,172 

633 

770 

1,760 

1,345 

1,308 

2.091 

1,055 

1,304 

2,606 

1,165 

2,119 

1,727 

2,935 

1,295 

1,-398 

1,232 

1,488 

864 

1,250 

638 

1,257 

2,073 

2,015 

978 

2,161 

2,232 

846 

857 

2,833 

1,260 

2,235 

428 

435 

1,055 

1,035 

1,137 

2,150 

2,068 

897 

1,.371 

1,259 

1,635 

1,060 

1,604 

1,263 

1,642 

2,480 

1.382 

1,725 

1,289 

569 



Total.... 67,586 17,344 84 930 182,246 



Additional unofficial returns have been received as follows : Harlan county— Bramlette, 
271- Wickliffe, 00. Johnson county— Bramlette, 446; Wickliffe, 00. Perry county— 
Bramlette, 103, Wickliffe, 00. 



2G APPENDIX. 

IXo. IS. 

EXTRACT FROM MR. BRAMLETTE S INAUGURAL ADDRESS. 

Ist. Much is said about military arrests, as arbitrary and uuooustitu- 
tional. Much of this clamor is gotten up by those who are not only ig- 
norant of constitutional powers and duties, but whose real purpose is (o 
destroy, not to sustain the Constitutiou. The Coustitutiou is always the 
same, though the powers and duties of the Ynrious deparlmeuis and tribunal.s 
of government are very different and vaiious. The rule which controls 
the action of civil departments is often very different from the rule which 
governs military action. The Judiciary look to the statutes and judicial 
precedent for rules of decision. The military to the articles of war and 
the usages of civilized nations to settle belligerent right.s. The one may 
do what the other may not do, and yet each be strictly within the limiis 
of duty and right. The abuse of power is not an abrogation of its right- 
ful exercise. We should, therefore, only correct the abuse without restrict- 
ing the power. The civil authorities rule b3' force of reason ; the military 
by physical froce. The rebellion hag appealed from the civil tribunals, 
which rule by froce of reason, to the military powers, which rule by phys- 
ical force. Each has i's appropriate rules — the one just as constitutional 
as the other, but very ditlereat. Until the rebellion dismisses its appeal, 
and consents to the civil rule, the law must be expounded by the rules of 
the power to which they have appealed. The power to suppress a rebel- 
lion is limited only by the statutes of the country where it exists, and liy 
the usages of civilized nations. When the rebellion is suppressed, and the 
rebels consent to submit to the civil instead of the military rule, then the 
civil will lake the place of the military, and judicial precedent will again 
become the rule of interpretation. Those who appeal from the civil to the 
military authorities are great simpletons if they expect the argument of 
the ba3'onet to lie constructed upon judicial precedent. 

2d. Much of this form of treasonable opposition is attempted under a 
clamor for free speech and free press! Liberty of speech and of the press, 
as well as of action, must remain unabridged so long as our Governmeni 
exists in its present form. But freedom and license are very ditt'urent and 
repugnant. Free speech is not a licensed tongue. A licentious is not a 
free press! To do, to say, to write, to print, what we have a right to do, to 
say, to write or print, is the freedom for which we contend. We should not 
be free to do what we have no right to do. We are at liberty to commit 
murdei", but we have no right to do so. We are at liberty to slander our 
neighbor, to commit treason, to speak or print treasonable or sediti-us 
Bpeeches, in time of rebellion, but we have no right to do so; and it is no 
abridgment of our rights as freemen to punish us for such abuses of lib- 
erty, or restrain us when reasonable grounds exist to believe we have 
been guilty, or are about to commit such acts, to the danger of the public 
or private security. Some are more hurtful in speech than action. Some 
will encourage and promote treason, without the courage to act it out 
themselves, and when seized and placed under just restraint they clamor 
for the " sacred right of free speech and free press." Let liim who does, or 
says, or prints, what he has no right to do, to the injury of others or the 
public, be held responsible for such acts. To have it otherwise would be 
to make licentiousness the detinition of liberty. The tongue and the press, 
like man, should be free, but not lawless. Let them act, being ainenal)le 
for acting wrong. Good and evil being set before them — and they free to 
choose — but must gather the fruits of that choice. 

;^d. But when measures are adopted to crush the rebellion, which we deem 
unwise or unjust, we will not approve, but will exercise our right to oppose 
and correct in a legitimate way. Because we furnish the means we do not 
commit ourselves in favor of the modes of applying them. It is our duty 
to supply the means ; the duty of others to apply them. Those charged 
with the application are responsible for any misdirection or abuse of the 
meftus. We are respgnsible for the means; they for the expenditure. 



APPENDIX. 27 

4th. In this connection it may not be amiss to say that we have a decided 
objection to organizing and arming negro regiments. Our objection is not, 
to the power, for it is admitted that whatever may be taken for use in war 
all its available uses, may be appropriated. Nor is our objection because 
of any respect for rebels, but from regard to the self-respect and interests 
of loyal men. Our objection is, that the arming of negroes humiliates the 
just pride of loyal men and injuriously affects their interests. The loyal 
man is as much injured by the arming of negroes as the disloyal man. 
The injury is indiscriminate. 



I, 



\ 



013 760 087 



LIBRARY OF CONGRESS 



'III 



ill nil III 

013 760 087 



Hollinger 

pH8.5 

Mill Run F3.1955 



